Easements

An easement is a property interest, which entitles the owner of the easement to the privilege of a specific and limited use of the land of another. A right of way is a form of an easement granted by the property owner that gives another the right to travel over and use the owner’s land as long as it is not inconsistent with the owner’s use and enjoyment of the land. These principles had their origins in traditional common law which governed matters such as the free flow of water and which allowed neighboring landowners to traverse, often by horseback or on foot, an informal “road system.” Early courts reasoned that while absolute ownership rights of property can be lessened by an easement, society as a whole benefits from the resulting freedom of movement.